| Citation(s) |
|---|
| 1970 SLG 3113 1970 SLD 3113 = 1970 PLD 338 |
Dacca High Court
Writ Petitions Nos. 577 and 578 of 1967, decided on 26th July 1968.
Presented By: B. A. Siddiky, C. J. and Maksum-ul-Hakim, J
AT. H. Khondkar, S. M. Hossain and A. M. Mahmudur Rahman for Petitioner (in both the Petitions). A. K. Brohi, Kamal Hossain (on 5th and 6th June 1968), Sddique Ahmed Chowdhury and A. K. M. Shafiqur Rahman for
Respondents Nos. I and 2 (in both the Petitions), Asrarul Hossain Advocate;-General and Anivarul Haque Chou dhury for
Respondent No. 3 (in both the Petitions on 3r6, 17th, 18th, 19th and 22nd July 1968).
Writ Petitions Nos. 577 and 578 of 1967, decided on 26th July 1968.
Presented By: B. A. Siddiky, C. J. and Maksum-ul-Hakim, J
AT. H. Khondkar, S. M. Hossain and A. M. Mahmudur Rahman for Petitioner (in both the Petitions). A. K. Brohi, Kamal Hossain (on 5th and 6th June 1968), Sddique Ahmed Chowdhury and A. K. M. Shafiqur Rahman for
Respondents Nos. I and 2 (in both the Petitions), Asrarul Hossain Advocate;-General and Anivarul Haque Chou dhury for
Respondent No. 3 (in both the Petitions on 3r6, 17th, 18th, 19th and 22nd July 1968).
MESSRS AMIN JUTE MILLS ICTD., CHITTAGONG-Petitioner
VERSUS
THE CHITTAGONG MUNICIPALITY AND OTHERS Respondents
Law:
Section:
(a) Notification-Original notification duly signed by officer of Government but notification as published in official Gazette not b Baring name of any official of Government Held mere irregularity not affecting validity of notification.. (b) Municipal Administration Ordinance (X of 1960), S. 7 read with East Pakistan Declaration of Municipalities Rules, 1960, r. 4(4) and Basic Democracies Order (18 of 1959), Art. 3(1), cl. (55)-Area declared "urban" under Basic Democracies Order-Can serve purpose of "urban area" for conversion into a Municipality contemplated under S. 7 of Ordi nance X of 1960. Where the contention was that the creation of an urban area out of rural area under the Basic Democracies Order, 1959, would be only for the purposes of the Order and an area which is declared to be an urban area under the Basic Democracies Order, 1959, cannot be converted into a Municipality or cannot be included within the limits of a Municipality Held : the provision of clause (55) of sub-Article (1) of Article 3 of the Basic Democracies Order, 1959, gives complete authority to the Government to convert a rural area into an urban area if the area to be so converted has qualified to be an area. By the introduction of the Basic Democracies Order, 1959, [he Country as a whole minus ccrt4in areas in the west wing of the country has been divided into units known as Union Councils, Union Committees and Town Committees, Union Councils are composed of the units under the Basic Democracies Order which are situate in the rural areas. Those of the units which are in the urban areas constitute Union Committees and those of the units which are situate in a town or within the limits of the Municipality constitute Town Committees. These Sub -Divisions of the country into different heads under the Basic Democracies Order relative to their status (Rural, Urban, Town) do not in any way come in conflict with the provisions of the Municipal Administration Ordinance under which Municipa lities can be created or their limits extended or curtailed. It is not that the Municipalities are created in some areas which are outside the limits of the units created by the Basic…